CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B747/332 affecting Boeing 747 series aeroplanes. The United States FAA issued AD 2010-01-02 on 17 December 2009 which supersedes the requirements of AD/B747/332 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 24 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its key provisions is section 98, which allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, include regulation 39.001 which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific requirements to maintain the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing international ADs and issuing corresponding Australian ADs where necessary. The cancellation of AD/B747/332, affecting Boeing 747 series aeroplanes, was made by CASA in accordance with the Act, reflecting the United States Federal Aviation Administration's issuance of a superseding AD on 17 December 2009.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design for an aircraft type, typically the country where the aircraft was designed, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry, including Australia. CASA, as the national airworthiness authority for Australia, must assess this information and, if necessary, issue an Australian AD to ensure compliance with the airworthiness requirements. The application of these regulations is national, affecting all aircraft registered in Australia, and the authority to issue ADs extends to all types of aircraft and aeronautical products within Australia's jurisdiction.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR), under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument (subsection 39.001(5)) and are critical for ensuring the continuing airworthiness of aircraft, in alignment with Annex 8 of the Convention on International Civil Aviation. The State of Design, typically the manufacturer, holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry. The State of Registry, such as Australia in this context, is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is obligated to assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
The obligations under the Civil Aviation Safety Regulations include CASA’s responsibility to evaluate any ADs issued by the State of Design and determine if an Australian AD is necessary. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. Furthermore, when the State of Design issues an AD, CASA must ensure that it assesses the AD’s content and, if appropriate, issues a corresponding Australian AD to mandate the requirements for aircraft registered within Australia. This ensures compliance with both international and domestic airworthiness standards.
In terms of consequences for non-compliance, CASA has the authority to enforce airworthiness directives through various means. Failure to adhere to an AD can result in significant penalties. For example, under the Civil Aviation Act 1988, non-compliance with an AD may lead to civil penalties, including fines. The maximum penalty for contravening an AD can be substantial, reflecting the critical nature of airworthiness directives in ensuring the safety of air navigation. Additionally, CASA can take enforcement actions, which may include grounding non-compliant aircraft or imposing further administrative penalties on the operators or owners of the aircraft. Such stringent measures underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.